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The Health and Social Care Act 2001 (Commencement No. 4) (Wales) Order 2003

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Welsh Statutory Instruments

2003 No. 713 (W.87) (C.36)

NATIONAL HEALTH SERVICE, WALES

The Health and Social Care Act 2001 (Commencement No. 4) (Wales) Order 2003

Made

12th March 2003

The National Assembly for Wales, in exercise of the powers conferred upon it by sections 64(6) and 70(2) of the Health and Social Care Act 2001(1) hereby makes the following Order:

Citation, interpretation and application

1.—(1) This Order may be cited as the Health and Social Care Act 2001 (Commencement No. 4) (Wales) Order 2003.

(2) In this Order “the 2001 Act” (“Deddf 2001”) means the Health and Social Care Act 2001.

(3) This Order applies to Wales only.

Appointed day in respect of section 13 of the 2001 Act

2.  17th March 2003 is the appointed day for the coming into force of section 13 of the 2001 Act.

Signed on behalf of the National Assembly for Wales under section 66(1) of the Government of Wales Act 1998(2)

John Marek

The Deputy Presiding Officer of the National Assembly for Wales.

12th March 2003

Explanatory Note

(This note is not part of the Order)

Article 2 of this Order appoints 17th March 2003 as the day on which section 13 of the 2001 Act is to come into force in relation to Wales. Section 13 of the Act relates to intervention orders and inserts new sections 84A and B into the National Health Service Act 1977.

Section 13, when commenced, will enable the Assembly to intervene in specified categories of NHS body where it has concerns about the management of that body, its ability to perform its functions adequately or where there has been a catastrophic event.

Section 84A will enable the Assembly to make an intervention order where a NHS body to which the section applies is not performing one or more of its functions adequately or at all, or where there are significant failings in the way the body is being run. Before making an intervention order the Assembly will have to be satisfied that it is appropriate for it to do so.

Section 84B sets out the effect of an intervention order and the various forms the intervention may take. An intervention order may provide for the removal or suspension of members of the NHS body in question and for new individuals to be appointed in their place; can require a NHS body to make arrangements for some other person or body to perform that body’s functions; can disapply or modify any legislative provision relating to the membership or procedure of the body subject to intervention, and can include directions to give full effect to an intervention.

Note as to Earlier Commencement Orders

The following provisions of the Health and Social Care Act 2001 have been brought into force in relation to Wales by commencement order made before the date of this Order:

ProvisionDate of CommencementS.I. No.
Section 31st July 2002 (partially)2002/1475
Section 51st July 20022002/1475
Section 111st December 20022002/1475
Section 1626th August 20022002/1919
Section 191st July 20022002/1475
Section 201st July 20022002/1475
Section 211st July 20022002/1475
Section 221st July 20022002/1475
Section 231st July 20022002/1475
Section 241st July 20022002/1475
Section 251st July 20022002/1475
Section 261st July 20022002/1475
Section 2726th August 20022002/1919
Section 281st July 20022002/1475
Section 291st July 20022002/1475
Section 301st July 20022002/1475
Section 311st July 20022002/1475
Section 321st July 20022002/1475
Section 331st July 20022002/1475
Section 341st July 20022002/1475
Section 351st July 20022002/1475
Section 361st July 20022002/1475
Section 371st July 20022002/1475
Section 381st July 20022002/1475
Section 391st July 20022002/1475
Section 411st July 20022002/1475
Section 421st July 20022002/1475
Section 431st July 20022002/1475
Section 493rd December 2001 (partially)2001/3807
Section 508th April 2002 (partially) 19th December 2001 (remainder)2001/3752 and 2001/3807
Section 518th November 20012001/3752
Section 528th November 20012001/3752
Section 671st July 2002 (partially)2002/1475
Schedule 21st July 20022002/1475
Schedule 31st July 20022002/1475
Schedule 51st July 2002 (partially)2002/1475
Schedule 61st July 2002 (partially)2002/1475

Various provisions of the 2001 Act have been brought into force in relation to England by the following Statutory Instruments: S.I. 2001/2804 (c. 95), S.I. 2001/3167 (c.101), S.I.2001/3294 (c.107), S.I. 2001/3619 (c.117), S.I. 2001/3752 (c.122), S.I. 2001/3738 (c.121), S.I. 2001/4149 (c.133), S.I. 2002/1095 (c. 26)(as amended by S.I. 2002/ 1170 (c. 30)), S.I. 2002/1312 (c. 36) and S.I. 2002/2363 (c. 77).

(1)

2001 c. 15. The “relevant authority” is defined in section 66 of the Act.

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